Subramani (Farmer) 16 September 2025
P. Venu (Advocate) 16 September 2025
The problems posed are merely hypothetical.
kavksatyanarayana (subregistrar/supdt.(retired)) 16 September 2025
Are these facts correct?
T. Kalaiselvan, Advocate (Advocate) 17 September 2025
If she inherits any property then she will become the owner of that property, thereby she has full rights to dispose the property in the manner she may desire.
If she wants to pay the entire sale consideration amount to government at least to cover partial arrears of tax amount, nothing will stop her from going ahead with her decision.
There is no legal issue involved in your question.
Subramani (Farmer) 17 September 2025
| Originally posted by : T. Kalaiselvan, Advocate | ||
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If she inherits any property then she will become the owner of that property, thereby she has full rights to dispose the property in the manner she may desire. If she wants to pay the entire sale consideration amount to government at least to cover partial arrears of tax amount, nothing will stop her from going ahead with her decision. There is no legal issue involved in your question. |
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Thank you sir.
The legal question is, if there will be any issues in the future.
Section 16 Penalty for franduluent conveyance of property to prevent distress
Where a defaulter may make a fraudulent conveyance of property to prevent the distress for arrears, any Civil Court of competent jurisdiction, upon proof thereof, shall summarily cause the property to be delivered up to the distrainer. The defaulter will further be liable to the penalties prescribed by section 424 of the Indian Penal Code.
If she sells the property at the guideline value and pays the entire sale amount to the treasury, could the authorities later treat it as a fraudulent conveyance since the market value is higher?
Dr. J C Vashista (Advocate ) 18 September 2025
It is better to show relevant records to a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.